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autismmommy 12-20-2012 05:27 PM

someone illegally sold me a horse
 
I bought a horse about 9 months ago and paid around $4,000 for her.She was described to us as being a show horse in western pleasure and that we could breed her.She is 11 years old.We gave the cashiers check to the stable owner to give to the "owner" of the horse but he was not to do this until she had ALL the required paperwork including reg and transfer/bill of sale.He gave her the money and it took me a month to even get the bill of sale.So here I am 9 months later with only a COPY of her registration and a bill of sale not for my state.I have had many calls/texts with the person I bought her from and its one excuse and lie after another for why she hasn't transferred her to me.I have in the last 2 days found the original owner and now I know why she never did.There was a legally binding contract between them.She was given the horse with promise of first refusal or a foal.She could not sell her and did.I legally do not own this horse and she stole my money.I also need to say we were told she was 100% paint and she is not.We do have the copy of her paint registration but she is also reg Pinto and both are still in the original owners name.So my question is:what should I or can I do legally? Who do I call? I am very upset and usually could handle things but this is just too complex.Thank you for reading.

rookie 12-20-2012 05:32 PM

First welcome and I am so sorry you are in this situation. I would contact a lawyer and see what options you have. How much do you like this mare? Do the original owners want this mare back? If the original owner had the legal contract then they should also be speaking to a lawyer. It may be that if this is a good home and the original owner does not want the mare they may be able to transfer ownership to you. I think its important to keep some lines of communication open with the original owners as clearly you were both had in this horrible situation.

Annanoel 12-20-2012 05:33 PM

This should technically be in horse law, but ok.

Did you get anything in writing before you gave the check or money? Did you look at the horse in person and meet with owners before purchasing? Is the horse out of state?

I'm confused on details here..

Jake and Dai 12-20-2012 05:33 PM

Welcome to the forum autismmommy!

I am so sorry to hear you're in this situation. The best thing you could do is to consult an attorney. Good luck to you!

Jake and Dai 12-20-2012 05:33 PM

Duplicate post.

Annanoel 12-20-2012 05:38 PM

Quote:

Originally Posted by Jake and Dai (Post 1808295)
Welcome to the forum autismmommy!

I am so sorry to hear you're in this situation. The best thing you could do is to consult an attorney. Good luck to you!

I do agree and you should seek an attorney regardless, time is important in an issue like this.

EvilHorseOfDoom 12-20-2012 05:43 PM

I'll just note first that she can be both 100% (registered) Paint and registered Pinto. Pinto, like buckskin and a few others, is a colour registration - if the horse is correctly coloured then it can be registered as a Pinto whatever the breed.

Personally I wouldn't have relied on the stable owner to look after my interests when it came to the transfer of money - I'm pretty sure they'd be more likely to have a good relationship with the owner than you, as the owner is a client.

From where I sit, depending on how legally binding any of these contracts actually were (I know lots of people request the "first refusal" thing but I'm pretty sure most of the time it isn't actually binding, but more a goodwill move), the horse belongs to either you or the original owner. Do you have any form of receipt, or evidence (emails, text messages etc) that you paid for the horse? Were there any witnesses when you handed over the cashiers cheque to the stable owner?

And yes, get professional legal advice ASAP!

autismmommy 12-20-2012 05:48 PM

Annanoel-
This is my first post and didn't understand how to post or where.
Ok this is the details.We were boardingand the owner of the stable was this womans best friend.We gave him the cashiers check the next morning andhe was to have the paperwork then but told us she would drop them off later that day after work but she didn't.We asked him for the cashiers check back and he flipped out and said he wouldn't give it to her until he got the papers.I left to go on a family trip and my hubby was taking care of it for me.I found out he gave it to her.I called him and demanded the papers by the end of the day.He had them but it was an out of state bill of sale and nothing original just copies.We have been trying to sort this out with Paint for 9 months and trying to get her to cooperate but she is lying to me and contradicting herself constantly.After speaking to the original owners and finding out she coukdnt sell her it just makes this even worse.Does this help you to understand a bit more? We did meet with owner and saw the horse.We were in the stall next to her for months.

Red Cedar Farm 12-20-2012 05:50 PM

I just want to say that I am so sorry about the predicament you are in here. I hope and pray everything works out for you here. Definitely get yourself a good lawyer to help you.

autismmommy 12-20-2012 05:54 PM

We do have a bill of sale from her but after talking to original owner she couldn't sell her and that's why she won't transfer to us.They would find out


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